UNI-TALK.COM TERMS AND CONDITIONS OF USE
Welcome to the JERRYSPRINGERTV.COM web site. Universal Syndicated Productions LLC, its parent, subsidiary and affiliated companies
("UNI-TALK") maintain this site ("Site") for your personal
entertainment, information, education, and communication. Please feel free to
browse the Site at any time; however, by browsing this Site, you are subject to
the terms and conditions ("Terms and Conditions") of this Site. By
accessing this Site, you accept, without limitation or qualification, the
following Terms and Conditions. If you do NOT accept the Terms and Conditions,
then please discontinue your use of this Site.
TERMS AND CONDITIONS
Use of Site
UNI-TALK reserves the right, in its sole discretion, to amend the Terms and Conditions,
and to modify, add or discontinue any aspect, content, or feature of the Site.
Such amendments, modifications, additions, deletions shall become effective
upon notice thereof, which may be provided to you by posting on the Site, via
e-mail or any other means. Continued use of the Site by you shall constitute
your binding acceptance of any such amendments, modifications, additions or
deletions. The Site is owned and operated by UNI-TALK and it’s affiliated
companies and contains material that is derived in whole or in part from
material supplied and owned by UNI-TALK and other sources. Such material is
protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit,
publicly display, prepare derivative works based on, or distribute in any way
any material from the Site, including but not limited to text, audio, video,
code and software. During your visit, however, you may download material
displayed on the Site for non-commercial, personal use only (provided that you
also retain all copyright and other proprietary notices contained on the
materials). UNI-TALK neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties not owned by or
affiliated with UNI-TALK.
Disclaimer of Warranties
While UNI-TALK uses reasonable efforts to include up to date information on the
Site, UNI-TALK makes no warranties or representations as to its accuracy,
timeliness, reliability, completeness or otherwise. UNI-TALK has provided links
and pointers to Internet sites maintained by third parties ("Third Party
Sites") and may from time to time provide third party materials on the
Site. Neither UNI-TALK, its parent, subsidiary companies,
affiliates, or suppliers operate or control in any respect the
information, products or services on these Third Party Sites. The content,
materials, and products or services available in or accessible through the Site
are AS IS and, to the fullest extent permissible pursuant to applicable law,
UNI-TALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE
OR COURSE OF DEALING. UNI-TALK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT
MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL
RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY
YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE
INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE
RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE
INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND
ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND
MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE
COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM
OR OTHER PROPERTY. IN NO EVENT SHALL UNI-TALK, ITS PARENT OR SUBSIDIARY
COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO
USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ADVERTISED IN OR OBTAINED THROUGH THE SITE, UNI-TALK'S REMOVAL OR DELETION OF
ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF UNI-TALK OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT UNI-TALK, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THE SITE.
Submissions
While we are always happy to hear from you, it is UNI-TALK’s
policy not to accept or consider creative materials, ideas, or suggestions
other than those we specifically request. This is to avoid any
misunderstandings if your ideas are similar to those we have developed
independently. Therefore, we must request that you do NOT send to us any
original creative materials such as screenplays, stories, original artwork,
etc. Any communication or material you do transmit to the Site by electronic
mail or otherwise will be treated as non-confidential and non-proprietary.
Anything you transmit or post shall be deemed the property of and may be used
by UNI-TALK, or its affiliates, for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, UNI-TALK is free to use and shall be deemed to own, any ideas, concepts,
know-how, or techniques contained in any communication you send to the Site for
any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products using such information. Disclosure,
submission, or offer of any submissions to the Site shall constitute an
assignment to UNI-TALK of all worldwide rights, titles, and interests in all
copyrights and other intellectual property rights in such submission. UNI-TALK
may edit, copy, publish, distribute, translate, and otherwise use in any medium
any submission that you forward to UNI-TALK and will own exclusively all such
rights, titles, and interest and shall not be limited in any way in its use,
commercial or otherwise, of the submission. UNI-TALK is and shall be under no
obligation to: (1) maintain any of your or any user's submissions in
confidence; (2) to pay to you or any user any compensation for any submissions;
or (3) to respond to any of your or any other user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of UNI-TALK and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on the Site
without the written permission of UNI-TALK or such third party that may own the
Trademarks displayed on the Site. Your misuse of the Trademarks displayed on
the Site, or any other content on the Site, except as provided in these Terms
and Conditions, is strictly prohibited. You are also advised that UNI-TALK will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including seeking of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants found on or through the Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
merchant. UNI-TALK will NOT be responsible or liable for any loss and/ or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such merchants on the Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site may provide you and other users an opportunity to submit, post,
display, transmit and/or exchange information, ideas, opinions, photographs,
images, video, creative works or other information, messages, transmissions or
material to us, the Site or others ("Post" or "Postings").
Postings do not reflect the views of UNI-TALK; and UNI-TALK does not have any
obligation to monitor, edit, or review any Postings on the Site. UNI-TALK
assumes NO responsibility or liability arising from the content of any such
Postings nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any
information within such Postings on the Site. You are strictly prohibited from
posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. UNI-TALK will fully
cooperate with any law enforcement authorities or court order requesting or
directing Universal to disclose the identity of anyone posting any such
information or materials.
Indemnification
You agree to indemnify, defend and hold UNI-TALK and its parent, affiliates,
and their respective officers, directors, owners, employees, agents,
information providers and licensors (collectively the "Indemnified
Parties") harmless from and against any and all claims, liability, losses,
actions, suits, costs and expenses (including attorneys' fees) arising out of
or incurred by any breach by you of these Terms and Conditions. UNI-TALK
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with UNI-TALK's defense
of such claim.
Registration
Should UNI-TALK choose to provide member-based services ("Services")
on the Site, when you register to use these Services, you may be required to
provide certain personally identifiable information about yourself. You agree
to provide true, accurate and complete information about yourself, and to
update the information when it changes. If you provide any information that is
untrue or inaccurate, not current, or incomplete, or if UNI-TALK suspects that
your information is untrue, inaccurate, or incomplete, then UNI-TALK may, in
its sole discretion, suspend, terminate, or refuse future access to your
membership in these Services. Any personally identifiable information provided
at points of registration on the Site will be subject to the JERRY SPRINGER TV
Web Site Privacy Policy which can be read by clicking here.
Termination
UNI-TALK may, in its sole discretion, terminate your password, account (or any
part thereof) or your access to the Site, or remove and discard any
Communication transmitted by you, or information stored, sent, or received via
the Site without prior notice and for any reason, including, but not limited
to: (i) concurrent access of the Site with identical
user identification numbers, (ii) permitting another person or entity to use
your user identification number to access the Site, (iii) any other access or
use of the Site except as expressly provided in this Agreement, (iv) any
violation of the terms and conditions of this Agreement or the rules and
regulations relating to the use of, the software and/or data files contained
in, or accessed through, the Site, (v) tampering with or alteration of any of
the software and/or data files contained in, or accessed through, the Site, or
(vi) failure to use the Site or portion thereof on a regular basis. You may
terminate your membership hereunder upon thirty (30) days written notice by you
to UNI-TALK of your intent to terminate this Agreement. Termination,
suspension, or cancellation of this Agreement or your access rights shall not
affect any right or relief to which UNI-TALK may be entitled, at law or in
equity. Upon termination of this Agreement, all rights granted to you will
automatically terminate and immediately revert to UNI-TALK and its licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, UNI-TALK hereby notifies you
that parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available at the American Links Up web site, http://www.netparents.org.
To view information on our policy regarding the privacy of information from
children under the age of 13, please click here to
read the Jerry Springer TV Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by UNI-TALK from its offices within the
State of
Infringement Policy
UNI-TALK, pursuant to 17 U.S.C. Section 512 as amended by Title II of the
Digital Millennium Copyright Act (the "Act"), reserves the right, but
not the obligation, to terminate your license to use the Site if it determines
in its sole and absolute discretion that you are involved in infringing
activity, including allege acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately determined to be
infringing. UNI-TALK accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512 (c), UNI-TALK has implemented
procedures for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. All claims of infringement
must be submitted to UNI-TALK in a written complaint that complies with the
requirements below and delivered to our designated agent to receive
notification of claimed infringement by mail:
Gillian M. Lusins
NBC Law Department
30 Rockefeller Plaza, RM. 1081E
New York, NY 10009
Email: dmca-agent@nbci.com
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right
must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf
of (1) the owner of an exclusive right that is allegedly infringed or (2) the
person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site. Similarly, for
materials that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/ or e-mail address.
E. A statement that you have a good faith belief that use of the material, in
the manner complained, of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person defamed.
Governance
This agreement shall be governed by, construed and enforced in accordance with
the laws of the State of